"We have thoroughly examined the claims ... and one thing is clear: the elements of each of the claims depend only on the resolution of questions of state law," Judge M. Blane Michael wrote in the majority opinion, which was joined by Judge Michael Luttig.

"It is well-settled that a suit to invalidate a federal regulation arises under federal law," Kiser wrote. "... This thinly disguised attack on the validity of the FCC standards raises a substantial federal question."

The FTC reminded us Monday what many a parent knows all too well: Not all kids' apps are safe, especially where privacy is concerned. So, as a parent of two small children in a house full of tablets, what do I do to keep them safe? Here are my guidelines.